New York Supreme Court December 16, 1958 (King v. Tire Mart, Inc.)

Jacob J. Schwabtzwald, J.

The third-party defendant, a foreign corporation, appears specially to set aside the service of the summons upon the ground (1) that the defendant is not subject to the jurisdiction of the court as it was not and is not doing business within the State of New York so as to subject itself to the service of process in the State and (2) that if the court has jurisdiction,